I am a landlord i signed a lease with a tenant, the gave me…

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i am a landlord i...

i am a landlord i signed a lease with a tenant, the gave me security deposit in cash and rent in a check, the check boiunced and they said they no longer what the apartment, first they want their deposit back, second can i sue them for rent from the bounced check since i do have a signed lease?

Hi - my name is ***** ***** I'm a Real Estate litigation attorney. Thanks for your question. I'll be glad to assist.If you have a written lease, then the tenant is bound to abide by the terms of the lease. So, you should be able to sue the tenant for breaching the lease and seek damages for the breach.....which usually is the rent due under the lease until a new tenant is found.As for the deposit, how it is treated would also be controlled by the lease - - if it is not refundable, or if it is to be applied to unpaid rent, etc., that's what you'll have to do with it. So, whatever the lease says will govern and you are likely entitled to the deposit and whatever rent comes due before you find a new tenant. But, you'll have to look at the lease to be sure.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).